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Can The Term "Rape" Be Used Within Marriage - Family - Nairaland

Nairaland ForumNairaland GeneralFamilyCan The Term "Rape" Be Used Within Marriage (1062 Views)

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Can The Term "Rape" Be Used Within Marriage by Howmon(op): 10:15am On Dec 09, 2014
Is it lawful for a wife to say her husband rapes or raped her after marriage? I need balanced opinion on this topic.
I've read such allegation recently and it got me thinking that it is just a sexual compatibility issue and not a case of rape.
I believe men could have strong urge for sex as some women could too. When a wife demand sex from the husband all the time and she craftily or violently haves her way, it could be that the husband has low urge for sex or the husband is not in a right mind frame. But the institution of marriage i believe does not permit sexual denial from your partner.

I need your opinion on this.
Re: Can The Term "Rape" Be Used Within Marriage by eistien(m): 10:23am On Dec 09, 2014
Give to ceaser wat belong to ceaser, never deny your partner sex or else...
Re: Can The Term "Rape" Be Used Within Marriage by lomaxx: 10:37am On Dec 09, 2014
Section 357 of the Criminal Code Act, CAP 77, LFN 1990 defines rape thus:

“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of false threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband is guilty of an offence called rape”.

The Penal Code defines rapes as follows:

“A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or with her consent, if consent was unlawfully obtained”.

The United Nations (UN) defines it as;

“Sexual intercourse without valid consent.”

The World Health Organization (WHO) in 2002 defined it as; “Physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object.”

Federal Bureau of Investigation (FBI),

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”



In summary, the forceful act of sex with ANYONE without consent is defined as rape- wife or not.
Re: Can The Term "Rape" Be Used Within Marriage by Howmon(op): 10:55am On Dec 09, 2014
lomaxx:
Section 357 of the Criminal Code Act, CAP 77, LFN 1990 defines rape thus:

“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of false threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband is guilty of an offence called rape”.

The Penal Code defines rapes as follows:

“A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or with her consent, if consent was unlawfully obtained”.

The United Nations (UN) defines it as;

“Sexual intercourse without valid consent.”

The World Health Organization (WHO) in 2002 defined it as; “Physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object.”

Federal Bureau of Investigation (FBI),

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”



In summary, the forceful act of sex with ANYONE without consent is defined as rape- wife or not.
Wow!!! thanks, That something is culturally or morally just doesn't mean its legal.

Bless You
Re: Can The Term "Rape" Be Used Within Marriage by Nobody: 1:47pm On Dec 09, 2014
Does marriage not imply consent? Which extra consent does the husband need again?

Better to take the spouse's mood into consideration though.
Re: Can The Term "Rape" Be Used Within Marriage by LewsTherin: 2:02pm On Dec 09, 2014
lomaxx:
Section 357 of the Criminal Code Act, CAP 77, LFN 1990 defines rape thus:
“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of false threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband is guilty of an offence called rape”.
The Penal Code defines rapes as follows:
“A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or with her consent, if consent was unlawfully obtained”.
Does this mean that by Nigerian laws a male cannot be raped?
Re: Can The Term "Rape" Be Used Within Marriage by Lagusta(m): 2:09pm On Dec 09, 2014
lomaxx:
Section 357 of the Criminal Code Act, CAP 77, LFN 1990 defines rape thus:

“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of false threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband is guilty of an offence called rape”.

The Penal Code defines rapes as follows:

“A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or with her consent, if consent was unlawfully obtained”.

The United Nations (UN) defines it as;

“Sexual intercourse without valid consent.”

The World Health Organization (WHO) in 2002 defined it as; “Physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object.”

Federal Bureau of Investigation (FBI),

“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”



In summary, the forceful act of sex with ANYONE without consent is defined as rape- wife or not.
This means the Nigerian criminal code identifies women only being raped; so if a woman has forceful s3x with a man, its not rape in Nigeria....

Hmmmmm
Re: Can The Term "Rape" Be Used Within Marriage by cococandy(f):
LewsTherin:
Does this mean that by Nigerian laws a male cannot be raped?
Lagusta:
This means the Nigerian criminal code identifies women only being raped; so if a woman has forceful s3x with a man, its not rape in Nigeria....
Hmmmmm
it is an over sight that they should have amended by now. I wonder if they have not read of cases of young boys being molested by females and even other males too.
Re: Can The Term "Rape" Be Used Within Marriage by tracyfemmmm: 1:30am On Dec 10, 2014
Absolutely.Anything sexual done to an individual without the consent of that individual is a crime regardly of whether the person is ur wife,girlfriend etc.The fact that she is your wife does not mean that she is ur slave.u did not buy her and she has a right to say NO.
Re: Can The Term "Rape" Be Used Within Marriage by Teespice(f):
Lagusta:
This means the Nigerian criminal code identifies women only being raped; so if a woman has forceful s3x with a man, its not rape in Nigeria....

Hmmmmm
the reason why there is a clamour for the amendment of the criminal and penal codes to accommodate provisions such as the one you raised.

even the country where we got the criminal code from has already repealed those laws so I seriously wonder why we can't draft a new one or amend the current one.
Re: Can The Term "Rape" Be Used Within Marriage by Nobody: 11:10am On Dec 10, 2014
Rape is rape bruv. In marriage or out of. Sexxual intercourse without consent is what it is.
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